alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Mrs. Emma DILLON et al., Appellants, v. The CITY OF SAN ANTONIO et al., Appellees.

No. 12880.

Court of Civil Appeals of Texas. San Antonio.

Sept. 14, 1955.

Rehearing Denied Oct. 5, 1955.

Charles M. Dickson, Thurman Barrett, Laurie M. Huck, San Antonio, for appellants.

Carlos C.-Cadena, City Atty., N. P. Cos-grove, Asst. City Atty., San Antonio, for appellees. *t*

POPE, Justice.

This is an appeal from a summary judgment rendered against the plaintiffs who sought to enjoin the City of Sab Antonio and its tax assessor and .collector ' from assessing and collecting taxes- against -their lands situated in an area covered by an annexation ordinance. The basis for the attack upon the annexation ordin'ance is that it violated Section 5, Article 11, of the Texas Constitution, Vernon’s Ann.St., which prohibits an alteration, amendment or repeal of a city charter oftener than every two years.

The city charter for San Antonio became effective on October 2, 1951. On September 25, 1952, the. City Council passed and adopted an ordinance which extended the corporate limits of the city and included lands owned by the plaintiffs. The trial-court, in denying- relief to the plaintiffs, held that a change of corporate limits as provided in the city charter was not an alteration, amendment'or re'peal of the city-charter.

The 1951 city charter, in its first section, describes the corporate limits of San Antonio as “the corporate limits of the City, as now or hereafter established.” Section 3 declares the powers of the city under the charter and included among them is the power, “by ordinance, to fix and change the bounds and limits of the City” in a manner stated .in paragraph 2 of section 3. Appellants do not complain that the city failed to conform to that method to annex. See State ex rel. Winn v. City of San Antonio, Tex.Civ.App., 259 S.W.2d 248. Annexation, under the charter, is the exercise of a charter power, but it is not, as appellants contend, an alteration or amendment of the charter. State ex rel. Bauer v. City of Del Rio, Tex.Civ.App., 92 S.W.2d 287, 290, decided this same point, saying:' “the boundaries of a city aré in no proper, sense a part of the charter. If they - are, then *422the boundaries could not be changed oftener than every two [2] years. There is no such limitation on the powers of a city to change its boundary lines.” We consider that to be the settled law of Texas. Dallas County Water Control and Imp. Dist. No. 3 v. City of Dallas, 149 Tex. 362, 233 S.W.2d 291; City of Wichita Falls, Tex. v. Bowen, 143 Tex. 45, 182 S.W.2d 695, 154 A.L.R. 1434; City of Waco v. Higginson, Tex.Com.App., 243 S.W. 1078; Eastham v. Steinhagen, 111 Tex. 597, 243 S.W. 457.

The judgment is affirmed.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 02-7506

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

DENNY R. GULLETT,

Defendant - Appellant.

Appeal from the United States District Court for the Southern

District of West Virginia, at Charleston. John T. Copenhaver, Jr.,

District Judge. (CR-94-17)

Submitted: March 19, 2003 Decided: May 15, 2003

Before NIEMEYER and KING, Circuit Judges, and HAMILTON, Senior

Circuit Judge.

Affirmed by unpublished per curiam opinion.

Cheryl J. Sturm, Chadds Ford, Pennsylvania, for Appellant. Kasey

Warner, United States Attorney, Michael L. Keller, Assistant United

States Attorney, Charleston, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Denny Ray Gullett appeals from the district court’s order

accepting the magistrate judge’s recommendation and denying his

motion for a new trial based on his allegation of newly discovered

evidence that a prosecutorial expert witness falsely testified

about his academic credentials. We have reviewed the parties’

briefs and the record on appeal and are satisfied that the district

court did not abuse its discretion in finding that Gullett failed

to make the requisite showing to warrant a new trial based on newly

discovered evidence. See United States v. Chavis, 880 F.2d 788,

793 (4th Cir. 1989); United States v. Wallace, 528 F.2d 863, 866

(4th Cir. 1976) (applying test set forth in Larrison v. United

States, 24 F.2d 82, 87-88 (7th Cir. 1928)). Accordingly, we affirm

the district court’s order denying Gullett’s motion for a new

trial. We dispense with oral argument because the facts and legal

contentions are adequately presented in the materials before the

court and argument would not aid the decisional process.

AFFIRMED
Exhibit 10.6(f)

AMENDMENT NO. 5 TO EMPLOYMENT AGREEMENT

Nicole Sherman

THIS AMENDMENT NO. 5 TO EMPLOYMENT AGREEMENT (Amendment No. 5) is entered into as of the 31st day of
December, 2009 (the Amendment Effective Date), and amends that certain EMPLOYMENT AGREEMENT dated as of January 28, 2005, as previously amended by that certain AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT dated as of December 31,
2006, that certain AMENDMENT NO. 2 TO EMPLOYMENT AGREEMENT dated as of July 28, 2008, that certain AMENDMENT NO. 3 TO EMPLOYMENT AGREEMENT dated November 20, 2008, and that certain AMENDMENT NO. 4 TO EMPLOYMENT AGREEMENT dated
April 15, 2009 (collectively, the Employment Agreement), by and between AmericanWest Bank, a Washington state-chartered bank (Employer), and Nicole Sherman (Executive).

SECTION 1. Employer requested that Executive relocate to Employers Utah market area, and accept a new position, title and duties as
Executive Vice President/Chief Banking Officer (UT), and Executive agreed to relocate and accept such position, title and duties, pursuant to the terms set forth in AMENDMENT NO. 3 TO EMPLOYMENT AGREEMENT (Amendment No. 3) and
AMENDMENT NO. 4 TO EMPLOYMENT AGREEMENT between Employer and Executive. Employer and Executive desire to modify certain terms related to such relocation, and hereby agree as follows:

(a) The date December 31, 2009 is replaced with the date December 31, 2010 each time it appears in Section 1(c)
of Amendment No. 3.

SECTION 2. Except as amended and modified by this Amendment No. 5, the Employment Agreement, as
hereby amended and supplemented, shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed
this Amendment No. 5 as of the date first set forth above.



|                   |  |  |  |                   |  |                                          |  | 
|------------------ |  |  |  | ----------------- |  | ---------------------------------------- |  | 
|EXECUTIVE:         |  |  |  | AMERICANWEST BANK
|                   |  |  | 
|/s/ Nicole Sherman |  |  |  | By:               |  | /s/ Jay B. Simmons                      
|NICOLE SHERMAN     |  |  |  |                   |  | Jay B. Simmons, Executive Vice President
EXHIBIT32.1

 

CERTIFICATIONPURSUANT TO

18U.S.C. SECTION1350,

ASADOPTED PURSUANT TO

SECTION906 OF THE SARBANES-OXLEY ACT OF 2002

 

Inconnection with the Quarterly Report of Petrol Oil and Gas, Inc. (the"Company") on Form 10-QSB for the period ended March 31, 2005, asfiled with the Securities and Exchange Commission on the date hereof (the"Report"), I, Paul Branagan, President and Chief Executive Officer ofthe Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant toSection 906 of the Sarbanes-Oxley Act of 2002, that:

 

(1)The Report fully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

 

(2)The information contained in the Report fairly presents, in all materialrespects, the financial condition and results of operations of the Company.

 

 

/s/PaulBranagan                               

PaulBranagan

Presidentand Chief Executive Officer

 

May 19,2005
<TABLE> <S> <C>

<ARTICLE> BD
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE 
CONSOLIDATED STATEMENT OF FINANCIAL CONDITION AT NOVEMBER 30, 1997 AND THE
CONSOLIDATED STATEMENT OF INCOME FOR THE TWELVE MONTHS ENDED NOVEMBER 30, 1997
AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000,000
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          NOV-30-1997
<PERIOD-START>                             DEC-01-1996
<PERIOD-END>                               NOV-30-1997
<CASH>                                           1,348
<RECEIVABLES>                                   10,129
<SECURITIES-RESALE>                             49,610
<SECURITIES-BORROWED>                           13,661
<INSTRUMENTS-OWNED>                             38,977
<PP&E>                                             262
<TOTAL-ASSETS>                                 114,291
<SHORT-TERM>                                       740
<PAYABLES>                                       9,245
<REPOS-SOLD>                                    56,017
<SECURITIES-LOANED>                              7,764
<INSTRUMENTS-SOLD>                              17,029
<LONG-TERM>                                      4,542
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                       2,011
<TOTAL-LIABILITY-AND-EQUITY>                   114,291
<TRADING-REVENUE>                                  848
<INTEREST-DIVIDENDS>                            12,589
<COMMISSIONS>                                      350
<INVESTMENT-BANKING-REVENUES>                      998
<FEE-REVENUE>                                        0
<INTEREST-EXPENSE>                              12,216
<COMPENSATION>                                   1,288
<INCOME-PRETAX>                                    593
<INCOME-PRE-EXTRAORDINARY>                         391
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       391
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
**Exhibit
      32.2**





**CERTIFICATION
      PURSUANT TO**


**SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002**





In
      connection with the annual report of Communication Intelligence Corporation
      (the
“Company”) on Form 10-K for the annual period ended December 31, 2005, as filed
      with the Securities and Exchange Commission on the date hereof (the “Report”),
      I, Francis V. Dane, Principal Financial Officer, certify, pursuant to 18 U.S.C.
      1350, as adopted pursuant to 906 of the Sarbanes Oxley Act of 2002, that to
      the
      best of my knowledge:





(1)
      The
      Report fully complies with the requirements of section 13(a) or 15(d) of the
      Securities Exchange Act of 1934; and





(2)
      The
      information contained in the Report fairly presents, in all material respects,
      the financial condition and results of operations of the Company.





Date:  March
      30,
      2006





By:
      /s/
      Francis V. Dane


Principal
      Financial Officer
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

IN THE INTEREST OF: J.M.G., A MINOR

PETITION OF: J.M.G. :

:

:

:

: No. 550 MAL 2018

Petition for Allowance of Appeal from

the Order of the Superior Court

ORDER

PER CURIAM

AND NOW , this 13 th day of February, 2019, the Petition for Allowance of Appeal

is GRANTED . The issue, as stated by Petitioner, is:

Where the trial court violates the psychiatrist/patient privilege of a minor who had previously been placed in a juvenile delinquency facility and ordered to participate in ongoing mental health treatment, and where the trial court allowed, over objection, statements made by the juvenile to his psychiatrist and/or psychologis t to be provided to the Sexual Offender Assessment Board (SOAB) pursuant to an Act 21 civil commitment procedure, is the violation harmless error? M.D. Appeal Dkt. 18 - 2019
Exhibit
23.2





CONSENT
OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM





We
consent to the incorporation by reference in Registration Statements (No.
333-143957) on Form S-3 and (No. 333-141591) on Form S-8 of Capital Gold
Corporation of our report dated October 12, 2009 (Except for Note 2 as to
which the date is October 14, 2010) relating to our audit of the
consolidated financial statements of Capital Gold Corporation and Subsidiaries,
which appears in this Annual Report on Form 10-K/A of Capital Gold Corporation
for the year ended July 31, 2010.





/s/
WOLINETZ, LAFAZAN & COMPANY, P.C.




Rockville
Centre, New York


November
23, 2010
Exhibit 32.1

CERTIFICATION PURSUANT TO18
U.S.C SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report
of First Security Bancorp, Inc. (the First Security) on Form 10-QSB for the
period ending June 30, 2004, as filed with the Securities and Exchange Commission on
the date hereof (the Report), I, R. Douglas Hutcherson, President and Chief
Executive Officer of First Security, certify, pursuant to 18 U.S.C. section 1350, as
adopted pursuant to section 906 of the Sarbanes-Oxley Act of 2002, that:

(1)    
          The Report fully complies with the requirements of section 13(a) or 15(d) of the
          Securities Exchange Act of 1934; and

(2)    
          The information contained in the Report fairly presents, in all material
          respects, the financial condition and results of operations of First Security.

|                       |  |                                                                                                                                     
|---------------------- |  | ------------------------------------------------------------------------------------------------------------------------------------
|Date:  August 12, 2004 |  | Signature  /s/ R. Douglas Hutcherson
                  R. Douglas Hutcherson
                  President and Chief Executive Officer

(The balance of this page is intentionally left blank)

Page 26 of 27
<PAGE>   1


                                                                Exhibit 23(a)



                   CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS



We consent to the incorporation, by reference, of our report dated February 27,
1998, on the financial statements of Sulcus Hospitality Technologies Corp.
included in its Annual Report (Form 10-K) for the year ended December 31, 1997
in its previously filed Registration Statement on Form S-8 for its 1997
Employee Stock Purchase Plan, 1997 Long Term Incentive Plan and 1997
Non-Employee Directors Stock Plan.



                                                Crowe, Chizek and Company LLP


Columbus, Ohio
March 31, 1998
Exhibit 23   Consent of Independent Registered Public Accounting Firm  The Board of Directors Merchants Bancshares, Inc.:  We consent to the incorporation by reference in the registration statements on Form S-3 (No. 333-41051 and No. 333-151572), Form S-3D (No. 333-20375), Form S-8 (No. 333-34871, No. 333-34869, No. 333-151424, and No. 333-151425), and Form S-8 (No. 333-18845) as amended by Post Effective Amendment No. 1 on Form S-8/A, of Merchants Bancshares, Inc. and subsidiaries of our reports dated March 14, 2011, with respect to the consolidated balance sheets of Merchants Bancshares, Inc. and subsidiaries as of December 31, 2010 and 2009, and the related consolidated statements of income, changes in shareholders’ equity, comprehensive income, and cash flows for each of the years in the three-year period ended December 31, 2010, and the effectiveness of the internal control over financial reporting as of December 31, 2010, which reports appear in the December 31, 2010 annual report on Form 10-K of Merchants Bancshares, Inc.  Albany, NY March 14, 2011
EXHIBIT 32.1


                         CERTIFICATION PURSUANT TO
                          18 U.S.C. SECTION 1350,
                           AS ADOPTED PURSUANT TO
               SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

     In  connection  with  the  Quarterly report of Lion Capital Holdings,
Inc. (the "Company")  on  Form 10-QSB for the period ended March 31,
2005 as filed with the  Securities  and  Exchange  Commission on the
date hereof (the "Report"), I, Timothy T. Page,  Chief  Executive
Officer  and Chairman  of the Board of Directors  of  the  Company,
certify,  pursuant to  18 U.S.C. Section 1350, as adopted  pursuant
to  Section  906  of  the Sarbanes-Oxley  Act of 2002, that:

     1.   The  Report  fully  complies with the requirements of Section
13(a) of the  Securities  Exchange  Act  of  1934;  and

     2.   The  information  contained  in  the  Report  fairly  presents,
in all material  respects,  the  financial  condition  and results of
operations of the Company.

     A signed original of this written statement required by Section 906
has been provided to the Company and will be retained by the Company and
furnished to the Securities and Exchange Commission or its staff upon
request.

                           /s/ Timothy T. Page
                           ------------------------------------------------
                           Timothy T. Page
                           Chief Executive Officer and Chairman of the
                           Board of Directors
                           Date: June 22, 2005
<PAGE>
                                                ACTIVE LINK COMMUNICATIONS, INC.
                                                                     FORM 10-KSB

                                                                    EXHIBIT 99.1

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

      In connection with the Annual Report on Form 10-KSB (the "Report") of
Active Link Communications, Inc. (the "Company") for the year ended March 31,
2003, each of the undersigned Timothy A. Ells, the Chief Executive Officer of
the Company, and William D. Kelly, the Chief Financial Officer of the Company,
hereby certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of the
undersigned's knowledge and belief:

      (1) the Report fully complies with the requirements of section 13(a) or
15(d) of the Securities Exchange Act of 1934; and

      (2) the information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of the
Company.

Dated:  July 15, 2003            /s/ Timothy A. Ells
                                 -----------------------------------------------
                                 Timothy A. Ells, President and Chief Executive
                                 Officer


Dated:  July 15, 2003            /s/ William D. Kelly
                                 -----------------------------------------------
                                 William D. Kelly, Vice President and
                                 Chief Financial Officer

                                    * * * * *


A signed original of this written statement required by Section 906 has been
provided to Active Link Communications, Inc. and will be retained by Active Link
Communications, Inc. and furnished to the Securities and Exchange Commission or
its staff upon request.
**EXHIBIT 32**

 

**CERTIFICATION PURSUANT TO**

**18 U.S.C. SECTION 1350,**

**AS ADOPTED PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with the Quarterly Report of Vanity Enterprises, Inc. (the “Company”) on Form 10-QSB for the period ended September 30, 2005, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Anthony N. DeMint, President and Chief Accounting Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

 

| 1. | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and |
|----|-----------------------------------------------------------------------------------------------------------------------|

 

| 2. | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company. |
|----|------------------------------------------------------------------------------------------------------------------------------------------------------|

 

 

 

| /s/ Anthony DeMint                                 |
|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

Anthony N. DeMint

President and Chief Accounting Officer

November 1, 2005
```

[Federal Register Volume 78, Number 243 (Wednesday, December 18, 2013)]
[Notices]
[Pages 76701-76702]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-30077]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

Certificates of Public Convenience and Necessity and Foreign Air 
Carrier Permits

    Notice of Applications for Certificates of Public Convenience and 
Necessity and Foreign Air Carrier Permits Filed Under Subpart B 
(formerly Subpart Q) during the Week Ending December 7,

[[Page 76702]]

2013. The following Applications for Certificates of Public Convenience 
and Necessity and Foreign Air Carrier Permits were filed under Subpart 
B (formerly Subpart Q) of the Department of Transportation's Procedural 
Regulations (See 14 CFR 301.201 et. seq.). The due date for Answers, 
Conforming Applications, or Motions to Modify Scope are set forth below 
for each application. Following the Answer period DOT may process the 
application by expedited procedures. Such procedures may consist of the 
adoption of a show-cause order, a tentative order, or in appropriate 
cases a final order without further proceedings.
    Docket Number: DOT-OST-2013-0204.
    Date Filed: December 2, 2013.
    Due Date for Answers, Conforming Applications, or Motion to Modify 
Scope: December 23, 2013.
    Description: Application of Norwegian Air International Limited 
(``Norwegian International'') requesting exemption authority and a 
foreign air carrier permit to enable it to conduct foreign scheduled 
and charter air transportation of persons, property and mail to the 
full extent permitted under the open skies U.S.-E.U.-Iceland-Norway Air 
Transport Agreement; Norwegian International requests authority to 
engage in: a. Foreign scheduled and charter air transportation of 
persons, property and mail from any point or points behind any Member 
State(s) of the European Union, via any point or points in any Member 
State and via intermediate points, to any point(s) in the United States 
and beyond; b. foreign scheduled and charter air transportation of 
persons, property, and mail between any point or points in the United 
States and any point or points in any member of the European Common 
Aviation Area; c. foreign scheduled and charter air transportation of 
persons property and mail between any point or points in Norway, via 
intermediate points, and any point or points in the United States; d. 
foreign scheduled and charter cargo air transportation between any 
point or points in the United States and any other point or points; e. 
other charters pursuant to the prior approval requirements; and f. 
scheduled and charter transportation consistent with any future, 
additional rights that may be granted to European Union carriers under 
the U.S.-E.U. Open Skies Agreement.

Barbara J. Hairston,
Supervisory Dockets Officer, Docket Operations, Federal Register 
Liaison.
[FR Doc. 2013-30077 Filed 12-17-13; 8:45 am]
BILLING CODE 4910-9X-P
```